REAL ESTATE LAW
Evictions
Expert Eviction Representation in California
Welcome to Real Estate Law Corporation, a leading California real estate law firm specializing in representing landlords and property management companies with evictions. With our extensive experience in assisting clients with residential and commercial evictions, we understand the complexities of California’s eviction process and the importance of protecting landlords’ interests. In California, both residential and commercial evictions entail specific legal procedures and requirements designed to safeguard the rights of tenants and landlords. Residential evictions are primarily governed by the California Civil Code, while commercial evictions involve additional considerations outlined in commercial lease agreements and relevant local ordinances. Whether it’s a residential or commercial eviction, it is crucial to seek the guidance of a knowledgeable real estate attorney to protect the interests of landlords and property owners throughout California.
Understanding the Eviction Process in California
A well-drafted short-term rental agreement is essential for both hosts and guests engaging in short-term rental arrangements. This agreement serves as a legally binding contract that outlines the terms and conditions of the rental, ensuring clarity, transparency, and legal protection for all parties involved. In California, where specific rules and regulations govern short-term rentals, having a comprehensive and compliant agreement is paramount to safeguarding your interests and avoiding potential legal pitfalls.
Understanding the Eviction Process in California
The eviction process in California can be intricate, and it’s essential for landlords to follow proper procedures to ensure compliance with state laws. The following are the general steps in an eviction based on non-payment of rent in California. This list is not all inclusive and there are situations that involve other steps.
1- Notice to Quit or Pay Rent: The first step is serving the tenant with a written notice, such as a “Three-Day Notice to Pay Rent or Quit.” This notice informs the tenant of the rent owed and provides them with three days to either pay or vacate the premises.
2- Unconditional Quit Notice: In certain circumstances, such as severe lease violations or illegal activities, landlords may serve an “Unconditional Quit Notice” without granting the tenant an opportunity to remedy the violation.
3- Filing an Unlawful Detainer Lawsuit: If the tenant fails to comply with the notice, the landlord can proceed by filing an “Unlawful Detainer” lawsuit in the appropriate California court. The lawsuit initiates the legal process to regain possession of the property.
4- Serving the Summons and Complaint: Once the lawsuit is filed, the landlord or their attorney serves the tenant with a summons and complaint, formally notifying them of the eviction lawsuit and the scheduled court hearing.
5- Tenant’s Response: The tenant has a specific period, usually five days, to file a response or answer to the complaint. If the tenant fails to respond within the given timeframe, the landlord may seek a default judgment.
6- Court Hearing: Both parties appear in court for the scheduled hearing. The judge listens to each side’s arguments and reviews any evidence presented before making a ruling. It is crucial to present a compelling case supported by relevant documentation and witness testimony.
7- Obtaining a Judgment: If the landlord prevails in court, they are granted a judgment in their favor. The judgment provides legal authority for the eviction and may include a monetary judgment for unpaid rent or damages, if applicable.
8- Writ of Possession: Once the judgment is obtained, the landlord can request a “Writ of Possession” from the court. This writ authorizes law enforcement, usually a sheriff or marshal, to physically remove the tenant from the property if they fail to vacate voluntarily by a specified date.
9- Enforcement of the Writ: Law enforcement carries out the physical eviction by posting the writ and, if necessary, overseeing the removal of the tenant and their belongings from the premises. It is important to note that tenants must be given a reasonable opportunity to remove their personal belongings before the actual eviction.
It is crucial to note that the specific details and timelines of the eviction process may vary depending on the circumstances of each case and the jurisdiction in which the eviction takes place. Seeking the guidance of a qualified real estate attorney is highly recommended to navigate the process effectively and ensure compliance with California’s eviction laws and regulations.
Common Situations Leading to Eviction Actions
Evictions may arise due to various circumstances. Here are some common situations that may give rise to eviction actions:
1- Non-Payment of Rent: When tenants fail to pay rent as agreed, landlords may need to pursue eviction to regain possession of the property and recover unpaid rent.
2- Violation of Lease Terms: Lease violations, such as unauthorized pets, excessive noise, or illegal activities on the premises, can be grounds for eviction.
3- Expiration or Termination of Lease: If a lease agreement reaches its expiration date or if the landlord properly terminates the lease, eviction may be necessary if the tenant refuses to vacate.
4- Nuisance or Damage to Property: Tenants who cause significant damage to the property or engage in behavior that disturbs other tenants or neighbors may be subject to eviction.
5- Illegal Subletting or Unauthorized Occupants: If a tenant sublets the property without the landlord’s consent or allows unauthorized individuals to live on the premises, eviction may be pursued.
6- Violation of Health and Safety Codes: If the tenant fails to maintain a safe and habitable living environment or violates health and safety codes, eviction actions may be necessary to protect the well-being of all parties involved.
How Real Estate Law Corporation Can Assist You
At Real Estate Law Corporation, our attorneys have a deep understanding of California’s eviction laws and regulations, and we are dedicated to protecting the rights and interests of landlords and property owners. Our experienced real estate attorneys have successfully represented clients in a wide range of eviction cases, ensuring compliance with the law and pursuing favorable outcomes. Here’s how we can assist you:
1- Legal Advice and Consultation: We provide comprehensive legal advice and guidance to landlords, explaining their rights, responsibilities, and available options based on the specific circumstances of their eviction case.
2- Drafting and Reviewing Notices and Documents: Our attorneys assist in drafting and reviewing eviction notices, lease agreements, and other relevant documents to ensure compliance with California laws and regulations.
3- Court Representation: We offer skilled representation in eviction proceedings, presenting a strong case on your behalf, advocating for your rights, and striving for a successful outcome in court.
4- Negotiation and Mediation: Our team is skilled in negotiation and mediation techniques, aiming to resolve eviction disputes amicably whenever possible, saving time, costs, and potential complications associated with lengthy court battles.
5- Legal Compliance: We ensure strict adherence to California’s eviction laws and regulations, helping you avoid costly mistakes, delays, and potential legal liabilities.
6- COVID-19 Eviction Guidance: We stay updated on the evolving regulations and restrictions related to eviction during the COVID-19 pandemic, providing you with the latest guidance and strategies to navigate these unique challenges.
Frequently Asked Questions
Yes, landlords can initiate the eviction process if a tenant fails to pay rent. However, specific notice requirements and timelines must be followed, and it's important to consult with an attorney to ensure compliance with California's laws.
In addition to non-payment of rent, lease violations, expiration or termination of lease, and illegal activities on the premises can be grounds for eviction. Each situation requires adherence to specific legal procedures.
The time frame for eviction cases can vary, ranging from several weeks to months. Factors such as court availability, tenant response, and the complexity of the case can impact the duration.
No, self-help evictions are illegal in California. The eviction process must go through the court system, and law enforcement can assist with removing a tenant if necessary.
Eviction rules during the pandemic have specific restrictions and protections for tenants. It's crucial to stay updated on the latest regulations and consult with a knowledgeable attorney to ensure compliance.
Unlawful evictions can result in significant legal consequences, including financial penalties, damages awarded to the tenant, and reputational harm. It's essential to follow the proper legal procedures to protect your interests.
No, such actions are considered illegal self-help measures and can lead to legal consequences. Proper eviction procedures must be followed to regain possession of the property.
Filing for bankruptcy can temporarily halt the eviction process. It's essential to consult with an attorney to understand how bankruptcy affects your specific eviction case.
Yes, if the court grants a judgment in your favor, you may be able to pursue the recovery of unpaid rent or damages owed by the tenant.
Our experienced real estate attorneys will provide personalized legal advice, handle all necessary paperwork, represent you in court, and work diligently to achieve the best possible outcome in your eviction case.
Contact Our Experienced Eviction Attorneys
When faced with the complexities of eviction actions in California, turn to the Real Estate Law Corporation for expert legal representation and guidance. Our dedicated team of real estate attorneys will ensure that your rights as a landlord or property owner are protected throughout the eviction process. Contact us today to schedule a consultation and let us help you navigate the intricacies of California’s eviction laws with professionalism, expertise, and a commitment to achieving favorable outcomes.
Contact Us
Please contact us to schedule a consultation with one of our attorneys.
Phone:
(916) 848-0080
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Mon – Fri: 8 a.m. – 5 p.m.
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